L1A blanket rejected with 221G

[bjoy82]

Hi,

My L1A blanket visa is rejected in Chennai consulate with reason as "Not meeting the visa type requirements" couple of weeks back. My I-94, Visa, Petition will be expire on May 24 2012. But my wife is in US with L2 Visa but her I-94 is valid till Feb 2014. She can't travel back to India now since she is working to get the Passport and Visa for my 3 weeks old daughter (US Citizen). It may take another month to get the India visa for my daughter.

My company is looking to process L1 Individual for me but it will also take few weeks. Is this is the right option?

Is my wife stay now in US is illegal? How long she can stay in US? If I will get an approved visa, then she can continue in US?

Appreciate your response.

Thanks

[shervin143]

My L1A blanket visa is rejected in Chennai consulate with reason as "Not meeting the visa type requirements" couple of weeks back. My I-94, Visa, Petition will be expire on May 24 2012. But my wife is in US with L2 Visa but her I-94 is valid till Feb 2014.
>>> What I-94? How come you have an I-94 when you are outside U.S? You are not suppose to have any I-94 with you when you are outside U.S.

She can't travel back to India now since she is working to get the Passport and Visa for my 3 weeks old daughter (US Citizen). It may take another month to get the India visa for my daughter. My company is looking to process L1 Individual for me but it will also take few weeks. Is this is the right option?
>>> L1 individual will take time. the petition need to get approved and only then you can schedule a visa interview. It is not going to happen in couple of weeks.

Is my wife stay now in US is illegal?
>>> It is not illegal. But she is out of status.

How long she can stay in US?
>>> 0 days.

If I will get an approved visa, then she can continue in US?
>>> Yes, but the time from now until the time you travel back to U.S in L1 is considered to be her out of status period and it can cause issues. Only short visits by the L1 holder outside U.s without the L2 depends are allowed. In your case, it might take time to get the petition and visa approved. It is not going to happen in a couple of weeks.

[bjoy82]

Thanks a lot for the response. Really appreciated.

Yes you are right. I'm not holding I-94. I just mentioned the expiry dates on all docs.

Even though, she is Out Of Status, but can't travel without Passport & Visa for my daughter.
Do we need to submit I-539 to extend more days or can wait till we receive passport and visa?

What issues you are referring during "Out of Status" period?

Thanks
BJ

[shervin143]

Even though, she is Out Of Status, but can't travel without Passport & Visa for my daughter.
Do we need to submit I-539 to extend more days or can wait till we receive passport and visa?
>>> First of all you cannot extend the H4 status when the primary H1B holder is not in valid H1B status. There is no other option other than to wait to get the passport and visa done for your daughter. On another option is to file a COS to B2.

What issues you are referring during "Out of Status" period?
>>> Whenever she file an application in the future (either with USCIS or consulate) she will have to answer YES to the question have you ever violated the status. Any false information can lead to ban. When you entered YES, you may be asked more questions and the decision will be with the officer. Was there a compelling reason why you left your family with a 3 week old kid and left U.S? If not, then the decision to leave the family behind at this stage was a wrong decision.

[salroy2023]

Hi. my l1a blanket was denied with white form 221g. The VO said this was because my direct reports are based in Europe, and not in USA. No documents were requested in 221g.
questions:
- are direct reports in USA a requirement for L1a? my direct reports are in Europe and India- will this be a problem?
- what are the chances that individual l1a will be approved?
- what does it mean that white form 221g says 'nothing needed' in whether additional documents are needed? does it mean there is nothing i can submit to change the status? zz0.eajk7g4oz1uzz